CMM 2006-08 33 and 36

Source:
Status: Active
Effective From
Response by authorities of the fishing vessel to a serious violation notification
Full Text

32. In the case of any boarding and inspection of a fishing vessel during which the
authorized inspectors observe an activity or condition that would constitute a serious
violation, as defined in paragraph 37, the authorities of the inspection vessels shall immediately notify the authorities of the fishing vessel, directly as well as through the
Commission.

33.  Upon receipt of a notification under paragraph 32, the authorities of the fishing vessels shall without delay:

a.   assume their obligation to investigate and, if the evidence warrants, take enforcement action against the fishing vessel in question and so notify the authorities of the inspection vessel, as well as the Commission; or

b.   authorize the authorities of the inspection vessel to complete investigation of the possible violation and so notify the Commission.

36. Upon receipt of a notification pursuant to paragraph 32, the authorities of the fishing vessel shall make best effort to respond without delay and in any case no later than within 3 (three) full working days.

Theme
Inspection activity related requirement
Sub Theme
Response to alleged violations
Category / CMR Section
Report Deadline
Implementation
Report
Category: Report
Version Introduced Date:
Version:
1
Audit Point Definition
The Secretariat confirms, based on its records of communication, that the relevant CCM commenced an investigation upon receipt of a serious violation notification and sent the required notification response no later than 3 full working days.
CCM limits not applicable for this obligation
Category: Report Deadline
CMS Compliance History
When Evaluated:
2013, 2015
Average Score:
84%
Likelihood of Non-Compliance:
Moderate
Consequence of Risk Ratings
CCM or collective group Consequence of Non-Compliance Risk of Non-Compliance
European Union
Serious
Severe
Pacific Islands Forum Fisheries Agency (FFA)
Major
High
Philippines
Major
High
Category: Implementation
CMS Compliance History
When Evaluated:
2013, 2015
Average Score:
100%
Likelihood of Non-Compliance:
Rare
Consequence of Risk Ratings
CCM or collective group Consequence of Non-Compliance Risk of Non-Compliance
European Union
Serious
High
Pacific Islands Forum Fisheries Agency (FFA)
Major
Moderate
Philippines
Major
Moderate